Sc: Superior Courts Discourage Forum Shopping By Dishonest Elements

SC: Superior courts discourage forum shopping by dishonest elements 12/30/2008 The Supreme court has directed the superior courts in the country not to encourage ‘forum shopping’ by dishonest elements. A bench comprising Justices S B Sinha and Cyriac Joseph dismissed the petition filed by Tamil Nadu mercantile Bank Shareholders Welfare Association and also imposed a fine of Rs 5000 on it. The apex court, while refusing to interfere with Madras High Court order noted, ‘the superior courts of this country must discourage forum shopping. A person seeking equity must do equity. A party cannot take recourse to machination which amounts to abuse of the process of the court.’ The Association, in its attempt to stall the election of the new directors of the bank, resorted to legal acrobatics by filing one petition after the other. Finally, a contempt petition was filed against the Managing Director of the bank Narayana Murthy for holding annual general meeting on June 5, 2008 under the chairmanship of justice R Balasubramaniam, retired Chief Justice of High Court. A two judge bench of High Court, however, ruled that the appeal under section 19 of the contempt of court was maintainable against an interim order passed by a single judge of the same court. UNI

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